Law on posthumous organ donation comes into force in Ukraine

Author : News Agency

Source : 112 Ukraine

This document will go into effect on January 1, 2019
16:31, 26 June 2018

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June 24, a Law No. 2427-VIII "On Human Anatomical Transplantation" came into force. The law will go into effect on January 1, 2019.

The bill stipulates that every person has a right to agree or refuse from the post-mortem donation. The positive answer is a written statement, a special mark in the passport or driver's license, and data entry to the Uniform State Information System of Transplantation. It is possible to choose a trustee who, after the death of a person, would promulgate the consent or prohibition of a potential donor for the transplantation.

Related: Poroshenko signs law on transplantation

If a person has left no info about postmortem donation, or information about a trusted person, the close relatives (children, parents, siblings) would be asked about the donation. If the deceased had no relatives, then the person that buries the body would be asked. In case of death of a minor, the permission for transplantation will be asked from parents or other legal representatives.

The law prohibits the seizure of anatomical materials from deceased Donbas veterans; children-orphans; recognized as incompetent, as well as people whose identity is not established. Posthumous organ donation is impossible if the court, law enforcement officers or forensic medical examiner do not permit it.

It is planned to create the Unified State Information Transplantation Information System (before October 2018), and a special entity responsible for it, which would the central state executive body implementing the state policy in the field of the provision of medical care using transplantation.

Related: First mechanical heart transplantation in Ukraine

Confidential information in the register can be accessible to the transplant coordinator, the official responsible for transplantation of the executive body, and forensic experts. So, if a person writes a statement of consent to his post-mortem donation, one of these categories of persons, including the one who will enter the data in the register, will know about it.

A fuse is also foreseen: the transplantation information system will record not only the data entered into it but also the history of the views.

The Cabinet will determine the organizational issues, as well as MOH, and the special executive body on transplantation.

However, people will be directly involved in this area with medical institutions that will receive a license for transplantation, a bureau of forensic medicine and other business entities that will carry out activities related to transplantation.

A donor-recipients match would be determined by a single transplant system. Priority will be given to underage recipients and living donors who previously provided their anatomical materials. If there are no recipients for anatomical materials in Ukraine, the patients will be able to find them in other states, with which relevant international agreements have been concluded.

Once a couple of recipient recipients are identified, the data cannot be changed (except when the doctors acknowledge that transplantation is impossible or the recipient has declined).

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People who have donated their anatomical materials to one of their relatives during their lives might receive some state support. This support might include free medical examination, medical care in case of illnesses or deterioration of health (if it is connected with the donation).

The donor is given 3 days of paid leave after the organ removal operation (they might be combined with planned leave).

In accordance with the legislation, a person gets compensation for the damage, taking into account additional costs for treatment, increased nutrition, etc.

If a person becomes disabled due to the loss of the body, he/she gets the right to obtain a disability pension regardless of the length of the insurance period. In case of death of a person, the disabled relatives would obtain a pension in respect of survivor's benefits.

It is prohibited to transplant the organs of animals to humans, but it is allowed to use medications made of the animals’ anatomical materials. The law prohibits trafficking in human anatomical materials, but the state can thank those who became donors during their lifetime.

Related: Medical reform moving right way, - acting healthcare minister

It is not allowed to advertise human organs.

The document tightens the responsibility for the removal of organs from a person for transplantation by coercion or deception. Imprisonment for up to 5 years is provided for this violation. If the victim was in a helpless state or in material or other dependence on the guilty, the punishment would be imprisonment for 5-7 years.

Illicit trade in anatomical materials can lead to imprisonment of up to 5 years. Such violations, committed by prior agreement with a group of persons, provide for imprisonment for 5-8 years.

As reported before, Verkhovna Rada of Ukraine has adopted the Law No. 2386a-1 on the transplantation of anatomical materials to a person. 255 people's deputies voted “for”.

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